Punjab-Haryana High Court
Indo Asian Fusegear Pvt. Ltd. Sonepat vs Presiding Officer, Industrial ... on 13 February, 2024
Neutral Citation No. : 2024:PHHC:021791
CWP-8504-1997 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
207-1
CWP-8504-1997
Decided on : 13.02.2024
Indo Asian Fusegear (P) Ltd. . . . Petitioner(s)
Versus
Presiding Officer, Industrial Tribunal-cum-
Labour Court, Rohtak and another
. . . Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
PRESENT: None for the petitioner(s).
Ms. Abha Rathore, Advocate
for respondent No.2.
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SANJAY VASHISTH, J. (Oral)
1. Present writ petition has been filed by the petitioner - Management [Indo Asian Fusegear (P) Ltd., GT Road, Murthal, Sonipat] for quashing of the award dated 31.01.1997 (Annexure P-8), passed by respondent No.1 - learned Presiding Officer, Industrial Tribunal-cum-Labour Court, Rohtak (for brevity, 'learned Tribunal'), whereby, Reference No.682/1992, was answered in favour of the workman by holding that the workman is entitled to be reinstated with continuity in service along with 50% back-wages w.e.f. 03.10.1990.
2. There is another writ petition i.e. CWP-8987-1999, wherein, workman - Omi Devi, prayed for grant of full back-wages.
3. After hearing present writ petition, this Court had passed following order on 12.06.1997:-
"CWP 8504 of 1997 Mr. P.K. Mutneja, Advocate Mrs. Abha Rathore, for respondent no.2.JAWALA RAM 2024.02.17 14:21 I attest to the accuracy and integrity of this document
Neutral Citation No. : 2024:PHHC:021791 CWP-8504-1997 -2- Admitted.
In the meantime, there shall be no stay on reinstatement. In so far as back wages are concerned, the petitioner shall pay 50% of the back wages awarded by the Labour Court to the respondent-workman within two months and the remaining 50% shall be deposited in fixed deposit for a period of three years in a Scheduled Bank in the name of the respondent-workman and the bank shall pay quarterly interest to the respondent-workman.
(G.S. Singhvi) Judge (M.L. Singhal) Judge 12.6.1997."
4. On examining several previous orders passed by this Court, as well as the learned Lok Adalat, it is found that never anyone appeared on behalf of the parties. Even today also, there is no one present on behalf of the petitioner-Management i.e. Indo Asian Fusegear (P) Ltd.
5. By noticing the order dated 12.06.1997, passed in the present writ petition, this Court, is of the view that only question, awaiting its decision is in regard to the entitlement of workman for 50% back-wages, which was earlier ordered to be deposited in the fixed deposit for a period of three years in a Scheduled Bank in the name of the workman.
6. None has put in appearance on behalf of the petitioner - Management, to assist the Court, to explain the factual position after the passing of the order for depositing the amount in the shape of F.D.R. JAWALA RAM
7. In the absence of counsel for the petitioner - Management, 2024.02.17 14:21 I attest to the accuracy and integrity of this document Neutral Citation No. : 2024:PHHC:021791 CWP-8504-1997 -3- this Court has examined the record as well as the reasons given in the award impugned herein, and there being no one present on behalf of the petitioner - Management, to point out any reason to say that findings given by the learned Tribunal is incorrect, this Court is left with no other option, except to dismiss the present writ petition for want of prosecution.
8. Dismissed for want of prosecution.
However, it is clarified that remaining 50% of the amount of back-wages, which if any, had been deposited in pursuance to the direction dated 12.06.1997, by this Court, in the shape of FDR, in the name of the workman, same can be withdrawn/encashed, and workman would be at liberty to receive the said amount, as already ordered by the learned Tribunal.
(SANJAY VASHISTH) JUDGE February 13, 2024 J.Ram Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No JAWALA RAM 2024.02.17 14:21 I attest to the accuracy and integrity of this document